AREA OF PRACTICE

Litigation & Arbitration

Biography

Jason Wareham is a trial and appellate lawyer who has tried dozens of state and federal court and administrative hearing cases, many litigated under the highest stakes, including some of this country’s most highly classified capital cases. No matter the complexity of the issue, Jason commits himself to a client-centered solution where trial success is the default focus. Whatever the forum or the stage of litigation, Jason has the breadth of understanding and skill to advise and navigate any civil, administrative, or criminal matter when the stakes are the highest.

Previously a U.S. Marine Corps Judge Advocate, working as Managing Defense Counsel for the Military Commissions Defense Organization, Jason is recognized in that field as a “genius-level attorney and litigator” by one of the most experienced practitioners in that field for more than thirty-five years – even a presiding trial judge himself. One of the longest serving litigators in the Marine Corps, Jason litigated at every level and forum available in the military system. From trial to appellate, administrative to collateral federal attacks, Jason earned the special Marine Corps designation of Master of Criminal Law. Beyond only criminal work, Jason has practiced globally throughout Europe and the Middle East conducting investigations and even advising on frontline law of war and engagement issues in active combat.

Beyond the courtroom, Jason has obtained a specialized LL.M. degree in the exploding world of digital evidence, electronic discovery, cybercrime, and cybersecurity litigation. He is routinely sought out by military and civilian litigators throughout the country to consult on matters pertaining to the digital world of litigation as well as national security issues. He maintains an active Top Secret/Sensitive Compartmented Information and continues to serve in the Marine Corps Reserves as a senior litigation adviser and trainer to the entire judge advocate community.

Jason’s matters have been covered in The Washington Post, The New York Times and The Washington Examiner.

Representation

Defended Major Jason Brezler, USMC, a Marine reservist and New York Firefighter, for over two years of litigation before an administrative rehearing seeking his removal from the service. Successfully won a unanimous vote in favor of Major Brezler’s retention in the service following the presentation of new digital forensic evidence previously ignored and new evidence of unlawful retaliation by officers at the highest levels of the Marine Corps.

Managed the litigation branch of the capital defense team defending Ammar al Baluchi before the death penalty prosecution of those accused of planning the 9/11 attacks successfully analyzing troves of digital evidence and discovery produced over decades by the US Government’s highest and most obscure agencies.

Led the capital defense team defending Abd al-Rahim al-Nashiri accused of allegedly planning the 2000 U.S.S. Cole attack following a crisis resulting in the excusal of his learned counsel and civilian attorneys successfully directing litigation simultaneously at the trial and appellate levels resulting in recusal of the judge and dismissal of two years of tainted rulings.

Led the defense team representing Nazir Bin Lep for allegedly supporting the 2002 Bali night club bombing and 2003 Marriott bombings in Indonesia. Successfully lead the litigation of a habeas petition against a U.S. Government classified action with the potential to permanently prejudice the client’s due process rights. The success of this action effectively blocked the case from continuing for nearly a year.

Represented a client falsely accused of a serious crime in a joint trial carrying the possibility of the death penalty for nearly two years resulting in permanent dismissal of all charges for him and his codefendant.

Petitioned the Supreme Court of the United States in United States v. Tearman seeking the review of Confrontation Clause issues related to the DoD drug testing program.

Represented well over fifty clients on interlocutory and direct appeal before the Navy-Marine Corps Court of Criminal Appeals and the Court of Appeals for the Armed Forces including the most serious cases involving murder and sexual assaults carrying a life sentence.

Personally represented or directly oversaw the litigation of over 55 federal criminal cases and more than double that in administrative hearings as the Senior Defense Counsel for an entire Marine Corps base. Over 75% of those federal criminal cases personally represented by him resulted in successful dismissal of the charges prior to trial.

Led the way for other defense counsel in the Marine Corps as one of the first litigators to file motions attacking perceived attempts by the Commandant to corrupt the military justice system against his clients. He has since been sought out for years following to consult on corruption and unlawful influence issues at the highest levels of the Corps.

Advised military and Afghan civilians on the creation and implementation of a new central government for the Afghan district government and staff.

Advised a Marine battalion commander on Law of War and rules of engagement in Afghanistan during active combat and targeting operations.

Managed the arrest, evidence collection, detention, and prosecution of 56 enemy combatants without incident or complaint. Achieved 100% successful referral for prosecution.

Prosecuted for and advised commanders on legal matters for over seven Marine units consisting of more than 3,500 Marines and sailors.

Education

Georgetown University Law Center – LL.M. with distinction: Individualized Program (Cybercrime, E-Discovery, Cybersecurity, and Online Privacy Issues), 2016
Creighton University School of Law – J.D., 2007
University of Colorado – B.S.B.A., summa cum laude, 2004

Bar Admissions

Nebraska
US District Court, District of Nebraska
Iowa
US District Court, Southern District of Iowa
Navy/Marine Corps Court of Criminal Appeals
Court of Appeals for the Armed Forces
Supreme Court of the United States
New York (Seeking Admission)
District of Colombia (Seeking Admission)
Publications
Co-author, “Indefinite detention of foreigners is costing taxpayers a fortune,” Washington Examiner, January 2020
Author, “Cracking the Code: The Enigma of the Self-Incrimination Clause and Compulsory Decryption of Encrypted Media,” Georgetown Law Technology Review, March 2017
Speaking Engagements
Panelist, Defending National Security Cases, Washington Navy Yard, DC
Professional Affiliations
Adjunct Professor, US Naval Academy, Annapolis MD.
Awards and Honors
Competitively Selected as Qualified for Service as a Military Judge in the Navy/Marine Corps Trial Judiciary
Defense Meritorious Service Medal, Navy/Marine Corps Commendation and Achievement Medals, Combat Action Ribbon